Taxation of Chargeable Gains Act 1992 (c. 12)

Part II U.K. General Provisions relating to computation of gains and acquisitions and disposals of assets

Chapter II U.K. Assets and disposals of assets

General provisions U.K.

[F1 25A Long funding leases of plant or machinery: deemed disposals U.K.

(1) This section applies where plant or machinery is used for the purpose of leasing under a long funding lease.

(2) The lessor shall be deemed for all purposes of this Act—

(a) to have disposed of the plant or machinery at the commencement of the term of the lease at [F2 the relevant disposal value], and

(b) to have immediately reacquired it at the same value.

(3) The lessor shall also be deemed for all purposes of this Act—

(a) to have disposed of the plant or machinery on the termination of the lease for a consideration equal to the termination amount, and

(b) to have immediately reacquired it for the same consideration.

[F3 (4) “Relevant disposal value” means—

(a) in relation to a long funding finance lease, the disposal value described in item 5A of the table in section 61(2) of the Capital Allowances Act (disposal values), and

(b) in relation to a long funding operating lease, the disposal value described in item 5B of that table.]

(5) For the purposes of this section, the following expressions have the meaning given in Chapter 6A of Part 2 of the Capital Allowances Act (interpretation of provisions about long funding leases)—

• “commencement”, in relation to the term of a lease,

• “lessor”,

• “long funding lease”,

• “long funding finance lease”,

• “long funding operating lease”,

• F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the term”, in relation to a lease,

• “termination”,

• “termination amount”.]

Textual Amendments

F1 S. 25A inserted (with effect in accordance with Sch. 9 para. 4(2) of the amending Act) by Finance Act 2006 (c. 25), Sch. 9 para. 4(1)

F2 Words in s. 25A(2)(a) substituted (with effect in accordance with Sch. 32 para. 5(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 32 para. 3(2)

F3 S. 25A(4) substituted for s. 25A(4)-(4D) (with effect in accordance with Sch. 32 para. 5(2) of the amending Act) by Finance Act 2009 (c. 10), Sch. 32 para. 3(3)

F4 Words in s. 25A(5) omitted (with effect in accordance with Sch. 32 para. 5(2) of the amending Act) by virtue of Finance Act 2009 (c. 10), Sch. 32 para. 3(4)